The employment-based second preference immigrant visa (EB-2) is reserved for individuals holding advanced degrees or for those who possess exceptional ability. Generally, EB-2 petitions must be accompanied by an approved labor certification from the Department of Labor. That lengthy process, however, can be waived by requesting a National Interest Waiver (NIW). A NIW permits an individual who qualifies under either EB-2 sub-categories (advanced degree or exceptional ability) to self-petition for a green card without having to test the labor market if they can prove that waiving the requirement to test the labor market is in the national interest.
Waiver criteria in order to demonstrate that it is in the national interest that USCIS waive the requirement of a job offer, and thus the labor certification:
- The proposed endeavor has both substantial merit and national importance.
- You are well positioned to advance the proposed endeavor.
- It would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.
If you believe that you meet these requirements and like to self-petition for a green card, please contact us today for a confidential consultation.